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2025 DAILYLAW 73676 (KAR)

SRI RANJAN KUMAR v. THE STATE OF KARNATAKA

CRL.P/11517/2025 · 2025-12-01

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49743 CRL.P No. 11517 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11517 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI RANJAN KUMAR S/O GOPAL TIWARI, AGED ABOUT 27 YEARS, R/O BAGBERA NAYA BASTI THANA, BAGERS POST, BAGBERA EAST, SINGHBHUM, JARKHAND-831002 …PETITIONER (BY SRI. TIGADI VEERANNA GADIGEPPA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY SUB INSPECTOR OF POLICE, OORGAUM POLICE STATION, K.G.F., TALUKA KOLAR GOLD FIELDS, DISTRICT KOLAR, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. …RESPONDENT (BY Smt.B PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49743 CRL.P No. 11517 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THE PETITION BY GRANTING HIM ANTICIPATORY BAIL DIRECTING THE INVESTIGATION OFFICER AND RESPONDENT POLICE TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN OORGAUM P.S., IN CR.NO.29/2025 (CC.NO.2182/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(1)(a), 4(1(a) OF THE GAS SUPPLY ACT (LPG ACT, REGULATION AND SUPPLY DISTRIBUTION ORDER, 2000) 1939, UNDER SECTION 3 OF ESSENTIAL COMMODITIES ACT, 1995, UNDER SECTION 287 OF BNS, 2023, PENDING ON THE FILES OF THE LEARNED ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND JUDICIAL MAGISTRATE FIRST CLASS, KGF DISTRICT, KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused no. 7 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.29/2025 of Oorgaum Police Station registered for the offences punishable under Section 3(1)(a), 4(1)(a) of Gas Supply Act (LPG Act, Regulation and Supply Distribution Order, 2000), 1939 and Section 3 of Essential Commodities Act, 1955, and Section 287 of BNS, 2023 pending on the file of the learned Additional Civil Judge (Jr.Dn.) and Judicial - 3 - HC-KAR NC: 2025:KHC:49743 CRL.P No. 11517 of 2025 Magistrate First Class, KGF, District Kolar in Criminal Case No.2182/2025. 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State. 3. The learned counsel for petitioner would contend that, the name of the petitioner was not found in the FIR. The charge sheet has been filed, wherein he has been arrayed as accused No.7. The allegation against him is that, at his instance, the accused Nos.1 to 6 were illegally filling the gas cylinders. The offences are triable by the learned Magistrate, and not punishable either with death or imprisonment for life. The petitioner undertakes to appear before the Trial Court and cooperate for speedy disposal of the case. There are no criminal antecedents of the petitioner. With this, he prayed to allow petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, - 4 - HC-KAR NC: 2025:KHC:49743 CRL.P No. 11517 of 2025 the charge sheet materials show prima facie case against the petitioner for offences alleged against him. CW5 to CW7 are the eye witnesses to the incident. The petitioner is the main person, who has instructed other accused to illegally fill the gas cylinders. With this, she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that, on 10.05.2025 at about 10.30 a.m., on receiving a credible information, a raid was conducted and police found that six persons were filling gas cylinders illegally, and five persons ran away from the spot, and one person who was caught has disclosed the names of others. The accused person disclosed that they are illegally filling the cylinders at the instance of this petitioner/accused No.7. The gas cylinders found on the spot and other - 5 - HC-KAR NC: 2025:KHC:49743 CRL.P No. 11517 of 2025 articles have been seized. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.29/2025 of Ooraum Police Station registered for the offences punishable under Section 3(1)(a), 4(1)(a) of Gas Supply Act (LPG Act, Regulation and Supply Distribution Order, 2000), 1939 and Section 3 of Essential Commodities Act, 1955 and Section 287 of BNS, 2023 pending on the file of the learned Additional Civil Judge (Jr.Dn.) and Judicial - 6 - HC-KAR NC: 2025:KHC:49743 CRL.P No. 11517 of 2025 Magistrate First Class, KGF, District Kolar in Criminal Case No. 2182/2025 subject to following conditions: a) The petitioner shall voluntarily appear before the jurisdictional Court within fifteen days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of Trial Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall appear before the Trial Court on all dates of the hearing, unless exempted and cooperate for disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 37